FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Aldene Burton,

 

Complainant

 

 

against

Docket #FIC 2003-007

Director, Personnel Department,

City of New Britain,

 

 

Respondent

October 22, 2003

 

 

 

 

The above-captioned matter was heard as a contested case on September 26, 2003, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. 

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent is a public agency within the meaning of 1-200(1), G.S.

 

2.  It is found that, by letter dated December 13, 2002, and hand delivered to the respondent on December 24, 2002, the complainant requested that the respondent provide him with copies of records relating to the negotiated agreement between the city of New Britain and the Managers and Professional Association.  It is further found that, by such letter, the complainant also requested a record showing the number and nature of promotion of any minority employee since 1981, as well as job descriptions and requirements of three specified positions. 

 

3.  By letter dated January 6, 2003, and filed with the Commission on January 8, 2003, the complainant alleged that the respondent violated the Freedom of Information Act by denying him copies of the records described in paragraph 2, above, except job descriptions and requirements.  Accordingly, the complaint is necessarily limited to records relating to the negotiated agreement between the city of New Britain and the Managers and Professional Association, and any record showing the number and nature of promotion of any minority employee since 1981.

 

4.  Section 1-210(a), G.S., provides in relevant part:

 

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

 

5.  Section 1-212(a), G.S., provides in relevant part: [a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record. 

 

6.  It is found that, in December 2002, the city of New Britain and the Managers and Professional Association agreed to the terms of a new contract.  However, it is further found that, as of the date of the hearing in this matter, such contract had not been executed.

 

7.  It is found that, in response to the request for records related to the negotiated agreement, the respondent promptly provided the complainant with copies of memoranda and correspondence concerning such agreement, as well as a copy of the executed contract under which the parties currently perform, and documents indicating the agreed-to terms which will be included in the new contract.  At the hearing in this matter, the respondent stated that he would forward a copy of the new contract to the complainant when it is drafted and executed.

 

8.  It is found that the respondent does not keep on file or maintain a record showing the number and nature of promotion of any minority employee since 1981.

 

9.  It is found that the respondent has not withheld from the complainant any existing documents, which are responsive to his request.

 

10.  Based upon the facts and circumstances of this case, it is concluded that the respondent did not violate the Freedom of Information Act, as alleged in the complaint.  

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1.      The complaint is hereby dismissed.

 


Approved by Order of the Freedom of Information Commission at its regular meeting of October 22, 2003.

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission


PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Aldene Burton

c/o 168 Lester Street

New Britain, CT  06051

 

Director, Personnel Department,

City of New Britain

c/o Joseph E. Skelly, Jr., Esq.

New Britain Corporation Counsel

27 West Main Street

New Britain, CT  06051

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2003-007/FD/abg/10/23/2003